Clifton McDonnell v. Intelicloud Holdings Inc. et al

Filing 104

FINAL JUDGMENT by Judge James V. Selna. The Court now enters judgment as follows: (see document for details). (MD JS-6, Case Terminated). (dro)

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JS-6

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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CLIFTON R. MCDONNELL,

7 derivatively on behalf of himself and all
8 other stockholders of INTELICLOUD
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Honorable James V. Selna

HOLDINGS, INC.,
Plaintiff,

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Case No. 8:15-cv-00085-JVS-(DFMx)

v.

12 INTELICLOUD HOLDINGS, INC., a
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Delaware corporation; INTELICLOUD
TECHNOLOGY, INC., a Nevada
corporation; INTELICLOUD
HOLDINGS, INC., a California
corporation; SLICE NETWORKS,
LLC, a California limited liability
company; VOXCORP, INC., a Utah
corporation; VOXCORP
ACQUISITION CORP., a Delaware
corporation; JEFFREY FRIEDERICHS,
an individual; NEELOY
BHATTACHARYYA, an individual;
KENNETH HUBBARD, an individual;
GIL AMELIO, an individual; JOSEPH
TORKAN, an individual; JULIE
GIBSON, an individual; and DOES 1
through 30, inclusive,

FINAL JUDGMENT

Defendants,
-andINTELLICLOUD HOLDINGS, INC., a

27 Delaware Corporation,
28 Nominal Defendant.

[PROPOSED] FINAL JUDGMENT

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This matter came before the Court on November 21, 2016 for a Motion for

2 Entry of Default Judgment by Plaintiff Clifton R. McDonnell’s (“Plaintiff”). The
3 Court granted Plaintiff’s Motion for Entry of Default Judgment in favor of Plaintiff
4 and against InteliCloud Holdings, Inc. (“InteliCloud”), InteliCloud Technology Inc.
5 (“InteliCloud Tech.”), Voxcorp Inc. (“Voxcorp”), Voxcorp Acquisition Corp.
6 (“Voxcorp Acquisition”), and Neeloy Bhattacharyya (“Bhattacharyya”). The Court
7 previously granted Plaintiff’s request for default judgment against Defendant Jeffrey
8 Friederichs (“Friedrichs”) (all Defendants collectively referred to herein as
9 “Defendants”). The Court now enters judgment as follows:
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1.

Plaintiff has sufficiently shown merit for his claims of relief Violations

12 of Section 10(b) of the Exhange Act and Rule 10b-5; Fraud and Deceit by
13 Suppression of Facts; Constructive Fraud; Breach of Fiduciary Duties; Unjust
14 Enrichment; Unlawful, Unfair, and Fraudulent Business Practices in Violation of
15 California Bus. & Prof. Code §17200, et seq.
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2.

Plaintiff Clifton R. McDonnell shall have and recover from Defendants

17 Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and
18 Bhattacharyya, jointly and severally, the amount of $142,597.14, including post19 judgment interest.
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3.

Plaintiff Clifton R. McDonnell shall have and recover from Defendants

21 Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and
22 Bhattacharyya, jointly and severally, attorneys’ fees and costs in the amount of
23 $78,877.82, including post-judgment interest.
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4.

Equity Trust Company for the benefit of Rosalea McDonnell shall have

25 and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp,
26 Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of
27 $52,000.00, including post-judgment interest.
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5.

Equity Trust Company for the benefit of Thoron McDonnell shall have
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[PROPOSED] FINAL JUDGMENT

1 and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech, Voxcorp,
2 Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the amount of
3 $12,003.26, including post-judgment interest.
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6.

Equity Trust Company for the benefit of Clifton R. McDonnell shall

5 have and recover from Defendants Friederichs, InteliCloud, InteliCloud Tech,
6 Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and severally, the
7 amount of $10,400.00, including post-judgment interest.
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7.

Natasha Guillen shall have and recover from Defendants Friederichs,

9 InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya,
10 jointly and severally, the amount of $5,000.00, including post-judgment interest.
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8.

Roxanna L. McDonnell shall have and recover from Defendants

12 Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and
13 Bhattacharyya, jointly and severally, the amount of $5,000.00, including post14 judgment interest.
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9.

Theresa A. McDonnell shall have and recover from Defendants

16 Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and
17 Bhattacharyya, jointly and severally, the amount of $5,000.00, including post18 judgment interest.
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10.

Alexa G. Cardona shall have and recover from Defendants Friederichs,

20 InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya,
21 jointly and severally, the amount of $5,000.00, including post-judgment interest.
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11.

Liam B. Cardona shall have and recover from Defendants Friederichs,

23 InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya,
24 jointly and severally, the amount of $5,000.00, including post-judgment interest.
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12.

Tabitha A. McGuire shall have and recover from Defendants

26 Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and
27 Bhattacharyya, jointly and severally, the amount of $5,000.00, including post28 judgment interest.
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[PROPOSED] FINAL JUDGMENT

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13.

Selina A. Willcockson shall have and recover from Defendants

2 Friederichs, InteliCloud, InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and
3 Bhattacharyya, jointly and severally, the amount of $5,000.00, including post4 judgment interest.
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14.

Any remaining, non-Defendant shareholders shall have and recover

6 their proportionate share of losses from Defendants Friederichs, InteliCloud,
7 InteliCloud Tech, Voxcorp, Voxcorp Acquisition, and Bhattacharyya, jointly and
8 severally, of the total amount $8,000,000.00, including post-judgment interest.
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15.

The Court grants Plaintiff’s request for injunctive relief and verified

10 accounting.
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12 IT IS SO ORDERED AND ADJUDGED.
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Dated: April 28, 2017

By:
Honorable James V. Selna
United States District Judge

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[PROPOSED] FINAL JUDGMENT